HomeMy WebLinkAboutPC Min 1985-08-07
SEAL BEACH PLANNING COMMISSION AGENDA
Clty Councll Chambers
211 Elghth Street
Seal Beach, Callfornla
The Seal Beach Plann~ng Comnuss~on meets ~n sess~on every f~rst and th~rd Wednesday of each
month at 7.30 p.m. If you w~sh to address the Comnuss~on on any part~cular publ~c hear~ng
~ tem, the Cha~rman w~ll call for publ~c test~mony f~rst for those ~n favor of the proJect,
and second, for those who are not ~n favor. When you see that the speaker' s pos~ t~on ~n the
center of the room ~s unoccup~ed, step up to the mcrophone and when recogn~zed by the
Cha~rman, speak d~rectly ~nto the mcrophone by f~rst stat~ng your name and address clearly
and d~st~nctly for the records. State your bus~ness as clearly and succ~nctly as poss~ble
and t:hen wa~t a moment t:o see ~f t:he Comnuss~oners have any quest~ons ~n regard to your
comments or quest~ons If t:here are no other quest~ons or comments, return to your seat
so that t:he next: person may address t:he Comnuss~on.
.
If you w~sh t:o address t:he Comnuss~on on mat:ters ot:her t:han publ~c hear~ngs, t:he agenda
prov~des for t:hat: t~me when the Cha~rman asks for cOllllllents from the publ~c Address the
Comnuss~on ~n t:he same manner as st:ated for publ~c hear~ngs, always stat~ng your name and
address f~rst
.'
.
AUGUST 7, 1985
IlEXT RESOLUTION #1389
1 Pledge of Alleglance
2. Roll Call
3 Report from Secretary
4 Consent Calendar
At thlS tlme, members of the publlC may present testlmony
to the Commlsslon as to why any ltem should be removed
from the consent calendar for a full and separate publlC
hearlng Unless a Commlssloner requests a full publlC
hearlng, all consent agenda ltems wlll be acted upon on
one summary vote
A. Mlnutes of July 17, 1985
5 PubllC Hearlngs
A. None Scheduled
6 Scheduled Matters
The publlC may speak at the dlscretlon of the Commlsslon.
A Clty Councll referral to Plannlng Commlsslon for report
pursuant to Sectlon 28-2613 on Zonlna Text A~endnent
4-85 - SoeclflC Plan Procedures and ReoulatloP Zone
D. Resolutlon #1377 - Approval of Condltlonal Use Pennlt
8-85, Rossnoor Busl~ess Lenter (12121 Seal Beach Elvd
C Resolutlon #1382 - Approval of Condltlonal Vse Permlt
#10-85, l:est Beach Llquor (462 P C H )
7
8
9
10
Commlsslon Requests
Oral COmMUnlcatlon fro~ the Audlence
Corvnlsslon CO'T'UrlCatlons
AdJournMent
Agenda Forecast.
- Varlance 9-85 (Parklng)
James Hagel - 323 Maln
- Zonlng Text AMendment 6-85
Provlslons for ~on-confo~lng BUlldlngs In Surfslde
- Condltlonal Use Pervnt 15-85 (Addltlon to t!on-conforvnng SUlldlng)
Danlel Patrlck - 1660 Crestvlew
- Condltlonal Use Permlt 8-84 (Extenslon of ~ours)
Stan Anderson (Coach's) - 1025 P C H
- Zonln~ Text ~mencment 3-85
Fences and ::all Pl"cement Provlslons
.
.
.
PLANNING COMMISSION MEETING OF
AUGUST 7, 1985
The Seal Beach P1annlng Commlsslon met In regular seSSlon at 7:40 p.m.
wlth Vlce-Chalrman Covlngton call1ng the meetlng to order. Commlssloner
Hunt led the Salute to the Flag.
ROLL CALL
Present:
CommlSSloners: Covlngton, Hunt, Rlpperdan
Absent:
Chalrman Jessner, Commlssloner Perrln
Also Present:
John M. Baucke, Dlrector of Development Servlces
Greg Stepanlclch, Clty Attorney
Mr. Covlngton noted to the Commlsslon that Mr. Perrln contacted hlm and
lnformed hlm that he would be unable to attend tonlght because he was
worklng on a proJect WhlCh prevented hlm from belng present. Mr. Baucke
lndlcated that Mr. Jessner had provlded wrltten communlcatlon to the Commlsslon
at the last meetlng statlng that he would be out of town on buslness and
therefore, would be unable to attend.
Mr. Rlpperdan moves to excuse the absences of Chalrman Jessner and Commlssloner
Perrln from the August 7, 1985 Plannlng Commlsslon Meetlng. Mr. Hunt
seconds.
AYES:
NOES:
Covlngton, Hunt, Rlpperdan
None Motlon Carrled
REPORT FROM SECRETARY
Mr.Baucke, Commlsslon Secretary, lndlcated that there were a few ltems
he wanted to dlSCUSS wlth the Commlsslon. The flrst ltem was the Rossmoor
Buslness Center approval was belng appealed to the Clty Councll In reference
to the 2 condltlons for the addltlonal slgnage that was belng requested
by the appllcant. The second ltem was the Clty Attorney's determlnatlon
that the modlflcatlon to the hours of operatlon and the resultant tlme
perlod for alcohol sales on the Coach's appllcatlon would requlre a separate
publlc hearlng and therefore, a hearlng has been scheduled for the August
21, 1985 Plannlng Commlsslon meetlng. The last ltem was Clty Councll's
referral back to the Plannlng Commlsslon In regards to the fence prOV1Slons
for proposed modlflcatlons for the Plannlng Commlsslon's reVlew. ThlS ltem
was also scheduled for the August 21, 1985 Plannlng Commlsslon meetlng.
CONSENT CALENDAR
There was one ltem on the consent calendar for the Commlsslon's conslderatlon:
1) The mlnutes of the July 17, 1985 Plannlng Commlsslon meetlng.
Commlssloner Rlpperdan moves to approve the mlnutes of the July 17, 1985
Plannlng Commlsslon meetlng. Mr. Hunt seconds.
AYES:
NOES:
Covlngton, Hunt, Rlpperdan
None Motlon Carrled
PUBLIC HEARINGS
There were no PubllC Hearlng ltems scheduled.
Plann1ng Comm1ss1on Meet1ng of August 7, 1985
Page 2
.
SCHEDULED MATTERS
Mr. Baucke 1nd1cated that the f1rst scheduled matter 1tem was C1ty Counc1l's
referral to the Plann1ng Comm1ss1on for report pursuant to Sect10n 28-
2613 on Zon1ng Text Amendment 4-85 - Spec1f1c Plan Procedures and Regulat10n
Zone. Mr. Baucke presented a memorandum dated July 15, 1985 on ZTA 4-
85 not1ng the Counc1l's proposed act10ns and staff's comments and concerns.
It was noted that staff concurs w1th the changes proposed by the C1ty
Counc1l noted 1n the memorandum as Items #1-3. In reference to Item #4,
staff recommended that Sect10n 28-1702 be re-worded as noted 1n the memorandum
1n reference to what 1S underl1ned 1n that part1cular sect10n of the ord1nance.
Cha1r requested 1mput from the Comm1ss1on as to the 4 1tems recommended
by the C1ty Counc1l. Mr. Hunt 1nd1cated that he was 1n agreement w1th
Items #1-3 and also agreed w1th the reV1S1on to Item #4 as proposed by
staff. He felt that the re-word1ng covered the obJect1ves that everyone
would want to have met and that 1t was des1gned correctly. Mr. R1pperdan
stated that he agreed w1th staff's recommendat1on on the he1ght prOV1S1ons
but felt that the word1ng would requ1re some d1Scuss1on by the Comm1ss1on
and staff.
Mr. Cov1ngton read the 4 mod1f1cat1ons proposed by the C1ty Counc1l to
the ord1nance once aga1n for the aud1ence's 1nformat1on and requested
publ1c 1mput.
.
Barbara Roundtree, 13300 TW1n H1lls Dr., 46H, Seal Beach, spoke on behalf
of the Seal Beach Res1dent1al Homeowner's Assoc1at1on. She 1nd1cated
that a study comm1SS1on was appo1nted 1n June to d1SCUSS the he1ght l1m1tat1on
and a poll was taken for those 1n favor of or opposed to a he1ght l1m1tat1on.
Ms. Roundtree presented the results to the Comm1ss1on, 95.08% 1n favor
of and 4.92% 1n Oppos1t1on to, along w1th a Resolut1on prepared by the
Homeowner's Assoc1at1on outl1n1ng the1r v1ewpo1nts on the he1ght l1m1tat1on.
A copy of the Resolut1on was prov1ded to each of the Comm1ss1on members.
Frank Laszlo, 4480 Candlebury, Seal Beach, requested clar1f1cat1on from
the Comm1ss1on as to what was trY1ng to be ach1eved or resolved on th1S
1ssue. Mr. Cov1ngton rev1ewed th1S 1tem w1th Mr. Laszlo whose maJor concern
was the he1ght l1m1tat1on and whether or not there were adequate safeguards
to 1nsure a he1ght l1m1tat1on. Mr. Laszlo felt that w1thout a he1ght
l1m1tat1on establ1shed, there would be no safeguards, and the only real
safeguard would be to have th1S prOV1S1on 1ncluded 1n the ord1nance.
Charles Antos, 316 10th St., Seal Beach, d1scussed the Spec1f1c Plan prOV1S1ons
w1th the Comm1ss1on mak1ng reference to the past prOV1S1ons dur1ng h1S
term of employment w1th the C1ty. He 1nd1cated that a he1ght l1m1tat1on
was a maJor concern 1n the past and th1S ord1nance as presented before
the Comm1ss1on ton1ght needed more language perta1n1ng to a he1ght l1m1tat1on.
Mr. Antos also spoke 1n reference to Barbara Roundtree's presentat10n
of the Resolut1on from the Homeowner's Assoc1at1on. He felt that the
Comm1ss1on should take 1nto cons1derat1on the method 1n wh1ch th1S poll
was taken. Mr. Antos d1scussed base zone prOV1S1ons and the1r appl1cat1on
to the Spec1f1c Plan. He felt that the current word1ng may be too subJect1ve
due to the fact that the base zone prOV1S1ons should preva1l. Reference
was also made to the relat1onsh1p of the base zone prOV1S1ons to the General
Plan. Mr. Stepan1c1ch, C1ty Attorney, spoke 1n reference to the base
zon1ng 1ssue and expla1ned to the Comm1ss1on the d1fferences 1n the 2
approaches of base zon1ng and what was actually be1ng proposed 1n the
ord1nance. Mr. Stepan1c1ch stated that propert1es Wh1Ch were subJect
.
.
.
.
Plann1ng Comm1ss1on Meet1ng of August 7, 1985
Page 3
to the Spec1f1c Plan 1n the past d1d not have the1r base zon1ng changed.
The zon1ng was kept the same, and a Spec1f1c Plan was adopted for that
property. He also noted that the ord1nance was amended a few years ago
to prov1de that should a confl1ct ar1se between the Spec1f1c Plan and
the zon1ng ord1nance, the prOV1S1ons of the Spec1f1c Plan would supercede
the zon1ng. He stated that after reV1ew 1n determ1n1ng the best approach
the C1ty could take 1n prov1d1ng a procedure for a Spec1f1c Plan, 1t appeared
that a clearer approach would be a new type of zone. Th1S ord1nance does
prov1de for a Spec1f1c Plan Zone. The result would be to have the Plann1ng
Comm1ss1on and ult1mately the C1ty Counc1l dec1de what development regulat10ns
would apply to the property. It was staff's theory that by uS1ng a Spec1f1c
Plan for larger parcels w1th1n the C1ty, you would be 1nd1v1dual1z1ng
the regulat10ns appl1cable to that certa1n p1ece of property to sU1t the
part1cular needs that property may have. Mr. Stepan1c1ch d1scussed the
maJor concepts be1ng dealt w1th 1n th1S 1ssue and the poss1ble approaches
to take. Comm1ss1oner R1pperdan d1scussed the relat1onsh1p of the Spec1f1c
Plan and 1tS requ1rement for cons1stency w1th the General Plan. Mr. Cov1ngton
d1scussed w1th the C1ty Attorney the compar1son to other c1t1es on th1S
1ssue. Mr. Stepan1c1ch 1nd1cated that other c1t1es have appeared to use
Spec1f1c Plans 1n a much more l1m1ted way, probably due to they're be1ng
General Law c1t1es. Charter c1t1es have much more flex1b1l1ty 1n the
manner 1n Wh1Ch 1t would use a Spec1f1c Plan. Mr. Stepan1c1ch spoke 1n
reference to other c1t1es use of Planned Development Zones. He stated
that th1S plan also takes a very 1nd1v1dual1zed approach to what type
of regulat10ns and zon1ng cond1t1ons apply to a part1cular p1ece of property.
Charles Antos d1scussed 1ssues 1n the past relat1ng to the Spec1f1c Plan
1n Seal Beach. Mr. Antos stated he was concerned that the General Plan
could be amended 1n any way that the C1ty wanted, and he felt that the
dev1at1ons should be clearly spec1f1ed 1n the Spec1f1c Plan. Mr. R1pperdan
requested clar1f1cat1on from the C1ty Attorney on Sect10n 28-1700 of the
ord1nance referenc1ng Perm1tted Uses. Mr. Stepan1c1ch stated that the
General Plan and the Spec1f1c Plan must be cons1stent. The General Plan
1S the controll1ng document and the Spec1f1c Plan cannot author1ze uses
Wh1Ch are not perm1tted under the General Plan.
D1Scuss1on cont1nued between the Comm1ss1on, staff and the C1ty Attorney
on th1S 1tem. Mr. R1pperdan expressed concern over the word1ng to safeguard
the General Plan. Mr. Stepan1c1ch recommended the add1t1on of a sentence
to Sect10n 28-2950 for clar1f1cat1on purposes.
Frank Cl1ft, 4489 Dogwood, Seal Beach, spoke 1n reference to Item #4 stat1ng
that 1n h1S op1n1on, the re-word1ng recommended by staff was too general1zed
and establ1shed no measure of control, spec1f1cally 1n regards to the
he1ght requ1rement. Mr. Cl1ft presented to the Comm1ss1on re-word1ng
appl1cable to Sect10n 28-1702 to read as follows: liThe prOV1S1ons of
a Spec1f1c Plan shall supercede and control over any confl1ct1ng prOV1S1ons
of th1S Chapter w1thout regard as to whether the prOV1S1ons of such Spec1f1c
Plan are more or less str1ngent than the prOV1S1ons of th1S Chapter.
However, due to publ1c sens1t1v1ty concern1ng bU1ld1ng he1ghts 1n the
C1ty of Seal Beach, part1cular care must be exerc1sed 1n the establ1shment
of bU1ld1ng he1ght development standards for each Spec1f1c Plan under
the prOV1S1ons of Sect10n 28-2900 (below). Factors to be carefully we1ghed
shall 1nclude, but not be l1m1ted to, the Plann1ng D1str1ct 1n Wh1Ch the
Spec1f1c Plan 1S to be located, the current zon1ng of the proposed s1te,
he1ght of eX1st1ng bU1ld1ngs 1mmed1ately surround1ng the Spec1f1c Plan
s1te and the effect of the bU1ld1ng he1ght on the areas surround1ng the
Plannlng Commlsslon Meetlng of August 7, 1985
.
Page 4
proposed slte. In establlshlng the flnal bUlldlng helght for any Speclflc
Plan, such development standards must speclfy that no bUlldlngs wlthln
any proposed Speclflc Plan can exceed three storles of space usable 24
hours dally. These three storles would be In addltlon to any subterranean
and/or roof level commerclal use for the bUlldlng that lS not deslgned
for 24-hour dally usage.". Barbara Roundtree spoke In reference to the
poll that was taken and presented to the Commlsslon In reference to the
helght llmltatlon. She clarlfled how the poll had been taken and explalned
how each member of the Homeowner's Assoclatlon had been glven 3 days In
WhlCh to reVlew the contents of the Resolutlon before glvlng thelr vote.
.
Mr. Covlngton lndlcated to the Commlsslon that Mr. Perrln had made a
request that thlS ltem be contlnued to the next meetlng so that a report
may be properly prepared wlth a full Commlsslon's lmput to go back to
Clty Councll. Mr. Stepanlclch spoke In reference to the tlme llmlt In
WhlCh a response must go back to Councll. Mr. Covlngton dlscussed wlth
staff lf lt would present a tlme problem for the preparatlon of a report
should thlS ltem be contlnued to the August 21, 1985 meetlng. Mr. Baucke
lndlcated that staff would have 1 day In WhlCh to prepare. It was the
concensus of the Commlsslon to call a speclal meetlng on August 14, 1985
at 7:30 p.m. In the Clty Councll Chambers to contlnue thlS ltem.
Mr. Baucke stated that the next scheduled matter ltem was Resolutlon #1377
- approval of Condltlonal Use Permlt 8-85, Rossmoor Buslness Center.
The Clty Attorney prepared a Resolutlon to be adopted wlth changes made
reflectlng the actlon taken by the Commlsslon. Mr. Stepanlclch noted
once agaln that Mr. Covlngton abstalned from partlclpatlng or votlng on
thlS ltem due to a potentlal confllct of lnterest.
Mr. Rlpperdan moves to approve Resolutlon #1377, A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT
8-85, A REQUEST TO PERMIT A PLANNED SIGN PROGRAM FOR THE ROSSMOOR BUSINESS
CENTER (12121 SEAL BEACH BLVD.). Mr. Hunt seconds the motlon notlng that he
was In agreement wlth the appllcant's request for the addltlonal pylon
slgn and readerboard.
AYES:
NOES:
ABSTENTION:
Hunt, Rlpperdan
None
Covlngton
Motlon Carrled
Mr. Baucke lndlcated that the last scheduled matter ltem was Reso1utlon
#1382 - approval of Condltlonal Use Permlt 10-85, West Beach Llquor.
Mr. Rlpperdan moves to approve Resolutlon #1382, A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH PLANNING COMMISSION APPROVING CONDITIONAL
USE PERMIT 10-85, A REQUEST TO PERMIT OFF-SALE BEER, WINE AND DISTILLED SPIRITS
IN CONJUNCTION WITH THE CHANGE OF OWNERSHIP OF AN EXISTING LIQUOR STORE (462
PACIFIC COAST HWY.). Mr. Hunt seconds.
.
AYES:
NOES:
Covlngton, Hunt, Rlpperdan
None Motlon Carrled
.
.
.
Plannlng CommlSSlon Meetlng of August 7, 1985
Page 5
COMMISSION REQUESTS
There were no Commlsslon requests.
ORAL COMMUNICATIONS
There were no Oral Communlcatlons.
COMMISSION COMMUNICATIONS
Mr. Rlpperdan moves to recess thls meetlng to August 14, 1985. Mr. Hunt
seconds.
AYES:
NOES:
Covlngton, Hunt, Rlpperdan
None
Motlon Carned
ADJOURNMENT
It was the concensus of the Commlsslon and so dlrected by Chalr to adJourn
the regularly scheduled meetlng of the Plannlng Commlsslon at 9:42 p.m.
~~uU